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Patna High CourtCR. MISC./48179/2021bail granted

Satan Sada v. The State Of Bihar

2022-03-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48179 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== 1.

SATAN SADA S/o KANU SADA R/o VILLAGE-RADHAUR MUSHARI TOLA WARD No. 4, P.S-SURSAND, DISTRICT-SITAMARHI. 2.

SUNITA DEVI @ SUNITA SADA W/o SATAN SADA R/o VILLAGERADHAUR MUSHARI TOLA WARD No. 4, P.S-SURSAND, DISTRICTSITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Jha, Adv For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard Mr. Alok Kumar Jha, learned counsel for the petitioners and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State through video conferencing. Petitioners seek regular bail in connection with Sursand PS Case No. 75/2021 registered for the offence punishable under Sections 304(B)/34 of the IPC. As per First Information Report, marriage of the daughter of the informant was solemnized with one co-accused, Siju Sada about three years back and it has further been stated that on 17.02.2021 while the informant was in Nepal in connection with treatment of her husband, she received an information that her daughter has been killed by the accused persons total eleven in numbers due to non fulfillment of

Patna High Court CR. MISC. No.48179 of 2021(2) dt.11-03-2022 2/3 demand of dowry.

Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case along with in-laws of the deceased. He further submits that husband, mother-in-law, father-in-law, brother-in-law of the deceased have been made accused in the present case, however, petitioners do not belong to the in-laws family of the deceased. It is next submitted that the allegations against the petitioners are general and omnibus in nature and there is no specific allegation regarding demand of dowry and killing the daughter of the informant for want of dowry. Petitioners are in custody since 02.04.2021.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that petitioners are not closely related to the deceased, allegations against the petitioners are general and omnibus in nature, they are in custody since 02.04.2021 and the chargesheet has been submitted in the matter, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners namely, SATAN SADA and SUNITA DEVI @ SUNITA SADA be released on bail on

Patna High Court CR. MISC. No.48179 of 2021(2) dt.11-03-2022 3/3 furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sursand PS Case No. 75/2021.

(Anil Kumar Sinha, J) perwez U T